The URL can be used to link to this page

Browse Search

Home My WebLink About20072276.tiff Page 1 of 1 Esther Gesick From: Kim Ogle Sent: Tuesday, August 07, 2007 5:10 PM To: Esther Gesick Subject: FW: Holton Lakes Permit(USR 1608) Please add to case file. Concerns from CDOT have been resolved per this e-mail from Joe Intermill, CDOT Consultant Kim Ogle Planning‘1mrv.c, 'F:970.356.4000 x 35491 F:970 304 6498 Weld County Planning Services-Greeley Office 918 Tenth Street Greeley CO 80631 1 kogle{alco.weld.co.us From: JSI3841@aol.com [mailto:JSI3841@aol.com] Sent: Tuesday, August 07, 2007 5:07 PM To: Kim Ogle Cc: Gary.DeWitt@DOT.State.CO.US; bill.timmons@boral.com; mjhart0l@gmail.com Subject: Holton Lakes Permit (USR 1608) Kim: This is to notify you that it appears CDOT's concerns over the Holton Lakes Gravel pit and Water Storage Permit have been addressed and resolved. Gary DeWitt CDOT Region 4 Materials Engineer, and I reviewed the Rational of Approval of Application Over Objections, published by the Colorado Division of Reclamation, Mining &Safety. We then met on site with Bill Timmons, General Manager of Boral Aggregates, and Mike Hart, Hart Enviromental. We subsequently reached an agreement of drainage issues and excavation set back distances from US Highway 85 and SH 52. Considering this agreement and the conditions stated in the revised permit application, we filed a Party Status Withdrawal Form with DRM&S and withdrew as an Objecting Party to the Permit Application. Based on the revised Excavation Set Back requirements and drainage stipulations stated in the documents mentioned in the paragraph above, we also request that The Weld County Planning Department withdraw CDOT's name as an objecting party to Weld County granting the Holton Lakes Permit, USR 1608. Thank you for your cooperation in this matter and the assistance you have given us during this process. Joe A. Intermill, Jr. Consultant for Colorado Department of Transportation. Get a sneak peek of the all-new AOL.com. EXHIBIT Usk*Rea 8/8/2007 r77� a a, v,,, :„...,#. — HART ENVIRONMENTAL PO. Bos I ura Boulder ( olor,rdo Sumo Pborre: t ).3. I I r 06O2 or,DI weid Coa,'.r August 9, 2007 C,(( Mr. Kim Ogle RE'.., _ D Weld County Planning Department 918 10th Street Greeley, CO 80631 RE: USR 1608 (Holton Lakes) Requested to Amend Resolution Docket#: 2007-65 Dear Kim: My client, Ready Mixed Concrete Company (Ready Mixed) and Kerr-McGee have been actively working to develop a Surface Use Agreement that meets the needs of all parties. To that end, Ready Mixed desires to amend the language of condition I.K.on page 6 of the resolution (2007-2263 PL 1921) drafted by the Clerk to the Board of the Weld County Commissioners for USR 1608. - Specifically,Ready Mixed desires to amend the fourth sentence of 1.K. as follows: Section 22-5-100.A of the Weld County Code states, "oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Section 22-5-100.B of the Weld County Code states "...encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators of either the surface or the mineral estate." Section 22-5-100.B.1 of the Weld County Code also states, "new development should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit enter a Surface Use Agreement with Kerr-McGee Oil & Onshore LP ("KMG") pursuant to that certain Dispute Resolution Agreement dated August 9, 2007 between the applicant and KMG a copy of an agreement with the property's mineral operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators." Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future -_ drilling sites. (Department of Planning Services) EXHIBIT I lase l bog Mr. Kim Ogle August 9, 2007 Page Two of Two I look forward to discussing this letter and the proposed revisions to paragraph 1.K., as described above, with you during our meeting tomorrow morning. Please do not hesitate to call me if you have any questions regarding this letter. Sincerely, Michael J. (Mike) Hart Cc: by e-mail: Bill Timmons, ready Mixed Aggregates Tommy Holton Jeff Schwarz Keith Crouch Joe King John Butera August 15, 2007 To The Board of County Commissioners of Weld County RE: Docket#: 2007-65 From: Sandra L. Neb 645 S. Grand Ave. Ft. Lupton, Co 80621 I am writing to express my concerns as a person who owns property across Highway 85 from the proposed project. I have several concerns that I would encourage the Commissioners to address and think seriously about. They are as follows: • Traffic—Acceleration and deceleration lanes are a must on Highway 52. The traffic is already heavy and this project will pose a serious safety problem. Pearson Park is utilized heavily at certain times of the year making these lanes a must. I don't know if this would be addressed in the CDOT regulations and standards, but if not, PLEASE require this. • E.P.A. air quality and permits are a necessity also. • The ideal benefit for the city and homeowners along Highway 85 would be a sound barrier on the east side of Highway 85. The sight, noise and site lighting will be a deterrent for any future home sales for a considerable amount of time. A cost sharing between the City of Ft. Lupton, homeowners and the developers and CDOT might be a possibility. If we can work cooperatively for a win- win situation for all involved, it could be a model for others to follow. • White noise ie: back up beepers installed under the vehicles and exhaust that go down into the ground rather than up in the air would enhance the operation also. • Hours of operation should be addressed so it is not a 24 hour 7 day operation. I appreciate you taking the time to thoughtfully consider and hopefully implement some of these requests. Respectfully submitted, Sandra L. Neb EXHIBIT Ust Roo a > 4'! Kerr! Gee o— _Jr CD w r e w August 14, 2007 Kerr-McGee Oil&Gas OnShore LP it 0 rem (r 1999 Broadway.Suite 3700,Denver.Colorado 80202 0te-.a 303-296-3600•Fax 303-296-3601 VIA FACSIMILE AND U.S. MAIL Weld County Board of County Commissioners 915 10`h Street Greeley, Colorado 80631 Re: Ready Mixed Concrete Mineral Facility- Site Specific Development Hai and Special Review Permit (Case No. USR-1608) Ready Mixed Concrete Company - Applicant Township 1 North, Range 66 West of the 6th P.M. Section 6 & 7: Portions Weld County, Colorado Dear Mr. Ogle, Kerr-McGee Oil & Gas Onshore LP ("KMG") is the owner of valid oil and gas leases underlying all or part of Sections 6 & 7, Township l North, Range 66 West, for which Ready Mixed Concrete Company ("Ready Mixed") is seeking approval. KMG has executed a Dispute Resolution Agreement with Ready Mixed and supports the amended Section 1.K of the Resolution of the Weld County Planning Commission. KMG is in the process of negotiating with Ready Mixed a Surface Use Agreement, the terms of which will govern the parties' simultaneous use of the subject property. KMG does not object to the approval for which Ready Mixed is applying. However, the parties have not yet concluded an agreement, and KMG therefore requests that the Weld County withhold final approval of the plat until the parties execute and record a surface use agreement. Sincerely, Kerr-McGee Oil & Gas Onshore C. /M-_-- ohn Butera Landman cc: Ready Mixed Concrete Company - Applicant Joseph H. Lorenzo—Kerr-McGee Oil & Gas Onshore LP = EXHIBIT ifrit. .: Page 1 of 1 Esther Gesick From: Kim Ogle Sent: Friday,August 17, 2007 3:33 PM To: Esther Gesick Subject: FW: Holton Lakes DRM&S Permit Approval Letter[USR-16081 Attachments: Permit Approval Ltr. 08.17.07.pdf Kim Ogle I Planning Manager T:970.356.4000 x 3549[F:970 304 6498 Weld County Planning Services-Greeley Office 918 Tenth Street[Greeley CO 80631 I kogle@co._weld.co,us From: Michael Hart [mailto:mjhart0l@gmail.com] Sent: Friday, August 17, 2007 2:56 PM To: Kim Ogle Cc: Bill Timmons; Tom Holton; Tommy Holton Subject: Holton Lakes DRM&S Permit Approval Letter Kim: Attached is the approval letter from the Colorado Division of Reclamation, Mining and Safety for Holton Lakes ( Permit#M-2007-008, USR 1608). Also, who is the audio-visual person at Weld County that I should contact regarding my Power Point presentation to the Board of County Commissioners next Wednesday the 22nd? I'd like to have an adequate amount of time to set-up and run through my slides before our case comes up. Of course I will bring a laptop, but would like to know if there is any hardware I need to bring to link the computer to the projector. Thanks, Mike Michael J. (Mike) Hart Hart Environmental (303)444-6602 EXI UBEr use #10, 8/21/2007 AUG-1T-2001 08:82AV FROM-DIV RECLAMATION MINING 1 SAFETY 3938328102 T-2i3 P.001/001 F-004 _ n trvi t yr L..vLrvI v DIVISION OF RECLAMATION,MINING AND SAFETY Deoertment of Natural Re oucces 1313 Sherman Sl.,Room 213 COLORADO Omn i,Colorado 10203 — D 1 V,S t 0 J o a M+one,003)066.3367 Aso. • RECLAMATION csx (303)0324106 post-ti1r�q Fax Note T 7671 INING ra MI) Yt" ROM 4,4 (0021.1 SAFETY camas e'1L eo. .DR"Ml I a!uam.l•. August 17,2007 Mane a Phone s Governor Fere t ni-11f� l„I�+ Fenn Half if 0.Sh.nnn Mr.Bill Timmons ddCC Y(1 Executive Obtain Ready Mixed Conaretc Company Ronne W eummy 14585 Bri htonRoad &DivisionOM-'. 8 Neural Rgtnece,rucst Brighton.CO 80641 Re: File No.M-2007-008,Holton Lake*, 112e Decision Letter-Financial and Performance Warranty Request -Co'astrucilon Material Operation • Dear Mr.Timmons: On August 13,2007,the Division of Reclamation,Mining and Safety approved your 112e mining permit application, The amount of financial warranty set by the Division for this operation is 5672,000.00. Please find the attached reclamation cost estimate for further detail. You must submit a financial warranty in this amount and a performance warranty in order for us to issue a permit. Jr.the event you have requested a financial warranty form,we have enclosed it in this letter. If you have not,pine select a type of financial warranty from Rule 4,3. Then contact us so that we can provide you with the appropriate warranty form. We have enclosed a performance warranty form with this letter nor your use, PI EASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN ISSUED BY WIZ DIVISION AFTER RECEIPT OF YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. A PERMIT WILL NOT BE ISSUED UNTIL WE VERIFY THE ADEQUACY OF BOTH YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. If you have any questions,please contact me at(303)8664943, 9ipcerciy, yi 7 • Erica S.Crosby / Enviromncntal Protection Specialist Enclosures) cc: Mike Hart,Hart Environmental vv./enclosure(s) Carl Mount,DRMS Elizabeth Shelton,DBMS Office of Office of Mined Land Reclamation Drove, • Omni Junction • Owango Active and Inactive Mines • BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS AUGUST 10, 2007 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING A CONCRETE BATCH PLANT, A RECYCLED CONCRETE PLANT AND GRAVEL MINING IN THE A (AGRICULTURAL) ZONE DISTRICT. [USR-1608] KIM OGLE N)a of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this / day of 1/II I, )! , 2007. WITNESS my hand and official seal. rJ7 Notary Public �� BILLIE J. MOORE NOTARY PUBLIC My Commission Expires: IMol i o STATE OF COLORADO • EXHIBIT 6O ' +^`' , +.Li g� r' q a. :: } 'l` k, is f- 84.-.(i -` , ' .44.: i % ( .• ; Pp. y58�,3 _ yt Y'. i r rt.,r' t _ i yR 1. '�� • 1y b. . L•. L .t: ��y"",nn i 4 k j „ tiL; s �.. Ki • 1yJ ' fib;• #,+x, *àt : • .M'" T k: 11; t4, t,i .K } $ 4 {.. .J }, II i j[ A /�t •• F r . � ' 1, 1' ma_ 4 /MAY' f $fit F q Y 5 iii.lii. 2w ..,.:!:!:.c.... ..„,...el!, ,, ,.4. „!,, ,4,..„!,4.!!!. ..:„G'+ ..1111/ . r 047 s , J .., it 8 •111 Z d�" 7isi • ,7 l 0 ;Al • �• mil —O a .:: '.,.'_ 3471 3r31 d'+ � �r •Z xt dPt CC lala ey } v a • a . 3x i. tpit =.+pax ;�/ rJ p a •...°t₹" � " E , i rlefj { Cis �� u s;°� ref 45 c R t^ i ,₹ y .Td'T7$� i`ratty: V.. • T{§°' 'T ' °�' r aT • x a :f .7 c 2��Jx • r.; r fYl a .,. m F, e4-••T - ` {' F sa ge ..z� a x,� '.::,.. . a- 's�' . 1,.. s,, }`*, r 'r,.. +e' YS'"" p ry Ct t t, Ut.. :ns;P ' t_y��,.• k).--:'• et' R • ;.. d. * pip .x Jai a: yq • ' ,i \ .•tb`'.- , P � �:t x, x ' . i. -:'• th e !n . . .tt .fat '4 •- �,,,. �...1/4"4".<;1",k.., dry t ' isft �y yl "fit,, �t s,1 i z+.}l;"; � '� ` ' tai A'.1. �$ott.""' 'a• x g, .fr} `� e` ... y "'�*, • yM-,:,ry«b"' 4x ,�'� »�..ati' _..wyr.. - ..—. ._ + ~ .. "+' `ai 09/17/2007 13: 43 3038570351 CITY OF FT LUPTON PAGE 02/02 August 21, 2007 To: The Board of County Commissioners Weld County, Colorado Re: Case# USR 1608 Docket#2007-65 Greetings: Please be advised that I am not protesting the above-mentioned proposed project but am expressing concerns for my personal property, the area as a whole and consideration for several requests. Traffic will be greatly impacted on US Highway 85,which has already become far too congested and also Colorado Highway 52. 52 is the main east/west corridor through Fort Lupton and being only a 2-lane highway exhibits high traffic numbers. Increased truck traffic will only add to the already risky driving conditions. Requiring acceleration and deceleration lanes be created will be of some help to relieve the highly congested area. We have all heard the phrase "development and progress is good but not in my backyard". Well unfortunately, this project will be"in my backyard". I live at 725 S Grand Avenue that is approximately one-half mile south of Highway 52, across US Highway 85 and directly east of the proposed first phase of the project. Homeowners in this area paid premium prices for lots with a mountain view. These views will be obscured., for a time,by"the sand hills"that will he created. Although the ground west of the highway sets lower, it is not so low to prevent me from seeing the top of tractors as they travel down the farm access road.. Therefore, l request these sand hills not be allowed to be higher than 20 feet. Other requests include hours of operation be limited to sunup to sunset on week days and not a 7 day operation; and that an earthen barrier be constructed on the east side of Highway 85 for sound, dust and unsightliness. Further plans of the City of Fort Lupton include a walking trail near the west edge of the greenbelt area directly east of Highway 85. This bather would also serve as a safety feature for users of the trails. I encourage the Commissioners to give serious thought and consideration to not only my concerns and request but for the good of die impacted citizens. Thank you. Sincerely, 7thB /T Barbara Rodgers ll 725 S Grand Avenue Fort Lupton, CO 80621 MjElFril USR-1608 HOLTON LAKES CONDITIONS OF APPROVAL • The Applicant, Ready Mixed Concrete Company, requests an amendment of Condition 1.K. (page 6) of the Resolution for Docket# 2007-65 as follows: Section 22-5-100.A of the Weld County Code states, "oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Section 22-5-100.B of the Weld County Code states"...encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators of either the surface or the mineral estate." Section 22-5-100.B.1 of the Weld County Code also states, "New development should be planned to take into account current and • future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit enter a Surface Use Agreement with Kerr-McGee Oil& Onshore LP ("KMG") pursuant to that certain Dispute Resolution Agreement dated August 9, 2007 between the applicant and KMG a eopy of an agreement with the property's mineral operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidenee that an adequate attempt has been made to mitigate the eoneerns of the mineral owner/operators." Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) EXHIBIT • L - • Hello